STATE OF GUJARAT Vs. SIYARAMDAS GURURAMDAS SADHU

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated passed by the learned Addl. Sessions Judge, Bhavnagar, camp at Mahuva in Special Criminal Case (NDPS) No. 9/1998, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 8 and 20(B) of NDPS Act.

(2.) The brief facts of the prosecution case are that the complainant Shri L.N. Jadeja, at the time of incident, was serving as PSI at Talaja. When he was present in the police station along with other police officials, at that time, they received secret information that one person residing at the place known as "Temple of Khodiyar Mataji" is keeping contraband article 'ganja' in his possession. Therefore, after making necessary entry in the station diary, Gazetted Officer Shri Surekdrakumar Palanpura and panchas were called and explained them about the raid to be carried out and prepared first part of panchanama. They started for carrying out the raid at the place informed to them in the secret information. On reaching there, they found one 'sadhu' near small room. On asking, he declared his name as Siyaramdas Gururamdevdas. Therefore, in presence of panchas, a search was carried out of the person of accused and the accused had given him one country made gun known as "tamancha" which was seized in the presence of panchas, and on searching small room, they found contraband article 'ganja' which was weighed and it was found 6.500 grams, which was seized in the presence of panchas and necessary panchnama of seizure of contraband article 'ganja' was prepared, and thereafter, the complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, chargesheet was filed against him, which was numbered as Special Criminal Case (NDPS)No. 9/1998. The trial was initiated against the respondent.

(3.) To prove the case against the present accused, the prosecution has examined witnesses and also produced documentary evidence.